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UNITED STATES v. DiSTEFANO

Nos. 828, 829, Dockets 72-1268, 72-1442.

464 F.2d 845 (1972)

UNITED STATES of America, Appellant, v. Nicholas DiSTEFANO et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 17, 1972.

Attorney(s) appearing for the Case

Walter M. Phillips, Jr., Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, Peter F. Rient, and John W. Nields, Jr., Asst. U. S. Attys., of counsel), for appellant.

Gustave H. Newman, Brooklyn, N. Y. (Evseroff, Newman & Sonenshine, Brooklyn, N. Y., of counsel), for appellees DiStefano and Russo.

Maurice Edelbaum, New York City (Nancy Rosner, New York City, of counsel), for appellee Rosner.

Before FRIENDLY, Chief Judge, and LUMBARD and MULLIGAN, Circuit Judges.

FRIENDLY, Chief Judge:

The indictment here, in the District Court for the Southern District of New York, filed on December 8, 1970, charged Edmund Rosner, an attorney, and three other defendants, with the serious crime of suborning perjury, 18 U.S.C. § 1622, and conspiracy, 18 U.S.C. § 371, by procuring Pedro Hernandez and three others to testify falsely at a March, 1967 trial in which Hernandez was convicted of violating the federal narcotics laws. The...

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